Legal Opinion
People v. Marcinak
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2010PublishedCited by 4 opinions
1Opinion of the Court
*655We agree with the defendant’s contention that the purported waiver of his right to appeal was invalid (see People v Woods, 67 AD3d 829 [2009]; People v Dongo, 244 AD2d 353, 353 [1997]; cf. People v Silent, 37 AD3d 625 [2007]). The defendant’s contention that his plea of guilty was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review because he failed to move to withdraw his plea of guilty prior to sentencing (see CPL 220.60 [3]; People v Velez, 64 AD3d 799, 799 [2009]; People v Finn, 63 AD3d 755, 756 [2009]). In any event, the record demonstrates that the…
2Cases cited10 opinions
- People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
- People v. FanelliAppellate Division of the Supreme Court of the State of New York · 2004
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2009
- People v. MejiaAppellate Division of the Supreme Court of the State of New York · 2004
- People v. SilentAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by4 opinions
- People v. Rodriguez-OvallesAppellate Division of the Supreme Court of the State of New York · 2010
- People v. RojasAppellate Division of the Supreme Court of the State of New York · 2010
- People v. Rivera (James)Appellate Terms of the Supreme Court of New York · 2017
- People v. TallegrandAppellate Division of the Supreme Court of the State of New York · 2019